Common use of Real Property and Personal Property Clause in Contracts

Real Property and Personal Property. (a) Neither the Company nor its Subsidiaries owns any real property. (b) The Company or one of its Subsidiaries holds a valid and enforceable leasehold interest under each real property lease or sublease entered into by the Company or any Subsidiary (the “Leases”), free and clear of all Liens, other than (i) Liens that do not materially affect the use of such real property by the Company or its Subsidiary, and (ii) Permitted Liens. A true and correct list of the Leases as of the date of this Agreement is listed in Section 3.14(b) of the Company Disclosure Letter and each Lease is a valid and binding obligation on the Company or its Subsidiary and, to the Knowledge of the Company, the other parties thereto, and is enforceable and in full force and effect in accordance with its terms, subject to the Bankruptcy and Equity Exception. Neither the Company nor its Subsidiaries has delivered or received any written notice of any default or breach of any Lease which has not been cured, and to the Knowledge of the Company no event has occurred which, with notice, lapse of time or both, would constitute a material default or breach of any Lease by the Company or its Subsidiaries. The Company has made available to TSIA true and correct copies of the Leases. (c) Except for assets sold, consumed or disposed of in the ordinary course of business since September 30, 2020, the Company and its Subsidiary own good title to, or hold a valid leasehold interest in or license to all of the tangible assets shown to be owned or leased by it on the Unaudited Financial Statements or acquired after the date thereof, free and clear of all Liens, other than Permitted Liens.

Real Property and Personal Property. (a) Neither the Company nor its Subsidiaries owns any real propertyReal Property. (b) The Company or one of its Subsidiaries holds a valid and enforceable leasehold interest under each real property lease or sublease entered into by the Company or any Subsidiary (the “Leases”), free and clear of all Liens, other than (i) Liens that do not materially affect the use of such real property by the Company or its Subsidiary, and (ii) Permitted Liens. A true and correct list of the Leases as of the date of this Agreement is listed in Section 3.14(bSchedule 1.14(a)(i) of the Company Disclosure Letter sets forth a true, correct, and each Lease is complete list of all of the real property, excluding any mining claims, owned in fee by the Company and its subsidiaries (the “Company Owned Real Property”). (ii) Schedule 1.14(a)(ii) of the Company Disclosure Letter sets forth a true, correct, and complete list of all of the real property, excluding any mining claims, leased or subleased (including a description of the leases and subleases) by the Company and its subsidiaries (the “Company Leased Real Property” and together with the Company Owned Real Property, the “Company Properties”). (iii) The Company or one or more of its subsidiaries has good and marketable fee simple title to the Company Owned Real Property Properties, and the Company or one of its subsidiaries has a valid and binding obligation on subsisting leasehold estate in all of the Company or its Subsidiary andLeased Real Property, to in each case free and clear of all Liens other than Permitted Liens and the Knowledge royalties disclosed in Schedule 1.14(a)(iii) of the Company, the other parties thereto, and is enforceable and in full force and effect in accordance with its terms, subject to the Bankruptcy and Equity Exception. Company Disclosure Letter. (iv) Neither the Company nor any of its Subsidiaries subsidiaries (i) currently lease all or any part of the Company Owned Properties to any third party or (ii) has delivered or received any written notice of any default or breach of any Lease which has not been curedpending, and to the Knowledge of the Company there is no threatened, condemnation proceeding with respect to any of the Company Owned Properties. (v) With respect to the Company Leased Premises, (a) all leases under which the Company or one of its subsidiaries leases or subleases any Company Leased Premises (the “Real Property Leases”) are valid and in full force and effect and constitute binding obligations of the Company or one of its subsidiaries and the counterparties thereto, in accordance with their respective terms, (b) neither the Company nor any of its subsidiaries is in breach of or default under, or has received written notice of any breach of or default under, any Real Property Lease, and to the Knowledge of the Company, no event has occurred which, that with notice, notice or lapse of time or both, both would constitute a material breach or default or breach of under any such Real Property Lease by any other party thereto, and (c) the Company or and its Subsidiaries. The Company has made available to TSIA true and correct copies subsidiaries are in exclusive possession of all premises that are the subject of the Real Property Leases. (cvi) Except for assets soldas set forth in Schedule 1.14(a)(vi) of the Company Disclosure Letter, consumed neither the Company nor any of its subsidiaries has assigned, pledged, mortgaged, hypothecated or disposed otherwise transferred any Real Property Lease nor has the Company or any of in its subsidiaries entered into with any other Person (other than another wholly-owned subsidiary of the ordinary course of business since September 30Company) any sublease, 2020, license or other agreement that is material to the Company and its Subsidiary own good subsidiaries, taken as a whole, and that relates to the use or occupancy of all or any portion of the Company Leased Premises. (vii) True, correct, and complete copies of all Real Property Leases and, with respect to the Company Owned Properties, true, correct, and complete copies of all deeds, title toinsurance policies, or hold a valid leasehold interest and surveys are contained in or license to the Data Room Information. (viii) The Company Properties constitute all of the tangible assets shown real property or rights to real property used or held for use by the Company and its subsidiaries in the operation of its business as presently and proposed to be owned or leased by it on conducted, including all mining and processing operations and the Unaudited Financial Statements or acquired after related exploration and development operations (the date thereof, free and clear of all Liens, other than Permitted Liens“US Operations”).

Real Property and Personal Property. (a) Neither the Company nor any of its Subsidiaries owns any real property. (b) The Company and/or one or one more of its Subsidiaries holds a valid and enforceable leasehold interest under each real property lease or sublease entered into by the Company or any Subsidiary of its Subsidiaries (the “Leases”), free and clear of all Liens, other than (i) Liens that do not materially affect the use of such real property by the Company or its Subsidiary, and (ii) Permitted Liens. A true complete and correct list of the Leases as of the date of this Agreement is listed in Section 3.14(b) of the Company Disclosure Letter and each Lease is a valid and binding obligation on the Company or its Subsidiary Subsidiaries and, to the Knowledge of the Company, the other parties thereto, and is enforceable and in full force and effect in accordance with its terms, subject to the Bankruptcy and Equity Exception. Neither the Company nor its Subsidiaries has delivered or received any written notice of any default or breach of any Lease which has not been cured or is in the process of being cured, and to the Knowledge of the Company no event has occurred which, with notice, lapse of time or both, would constitute a material default or breach of any Lease by the Company or its Subsidiaries. The Company has made available to TSIA true SVF complete and correct copies of the Leases. (c) Except for assets sold, consumed or disposed of in the ordinary course of business since September 3025, 20202021, the Company and its Subsidiary Subsidiaries own good title to, or hold a valid leasehold interest in or license to all of the tangible assets shown to be owned or leased by it on the Unaudited Financial Statements or acquired after the date thereof, free and clear of all Liens, other than Permitted Liens.